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  • The Positive Obligations of the State under the European Convention of Human Rights

    Series series Routledge Research in Human Rights Law
    The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms ... Read more

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    International Perspectives on Case-Based Reasoning

    Edited by Monika Florczak-Wątor ...
    This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of ... Read more

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  • The Oxford Handbook of Comparative Constitutional Law

    Series series Oxford Handbooks
    The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges ... Read more

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  • The Internationalisation of Criminal Evidence

    Beyond the Common Law and Civil Law Traditions

    Series series Law in Context
    Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. ... Read more

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  • Core Socio-Economic Rights and the European Court of Human Rights

    Series series Cambridge Studies in European Law and Policy
    Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring ... Read more

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  • Shaping Rights in the ECHR

    The Role of the European Court of Human Rights in Determining the Scope of Human Rights

    Edited by Eva Brems, Janneke Gerards ...
    In fundamental rights adjudication, a court first has to determine whether the interest at stake falls within the scope of the fundamental right invoked. Whether or not an individual interest falls within the scope or ambit of one of the fundamental rights protected by the European Convention on Human Rights determines whether or not the European Court of Human Rights can decide on the merits of a ... Read more

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  • Individual Criminal Responsibility in International Law

    Series series Oxford Monographs in International Law
    This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded ... Read more

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  • The Reform of Child Care Law

    A Practical Guide to the Children Act 1989

    Children Act 1989 introduced the most radical changes to child care law for a generation. Eekelaar and Dingwall provide a concise, practical guide to the legislation for all professionals practising in this area. ... Read more

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  • Constituting Europe

    The European Court of Human Rights in a National, European and Global Context

    Series Book 2 - Studies on Human Rights Conventions
    At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-led military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform ... Read more

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  • Shifting Centres of Gravity in Human Rights Protection

    Rethinking Relations between the ECHR, EU, and National Legal Orders

    Series series Routledge Research in Human Rights Law
    This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the ... Read more

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  • A Theory of Deference in Administrative Law

    Basis, Application and Scope

    by Paul Daly ...
    In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a ... Read more

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  • Strengthening the Rule of Law in Europe

    From a Common Concept to Mechanisms of Implementation

    Edited by Werner Schroeder ...
    Series series Modern Studies in European Law
    Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law ... Read more

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